§ 360.50 — Court's submission of information to jury; counts and offenses to be submitted

New York § 360.50

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title K: Prosecution of Informations In Local Criminal Courts-plea to Sentence
• Part 2: The Principal Proceedings
• Art. 360: Jury Trial

Text

§ 360.50 Court's submission of information to jury; counts and offenses\n to be submitted.\n 1. The term definitions contained in section 300.30 are applicable to\nthis section, except that the word "information" is to be substituted\nfor the word "indictment" wherever the latter appears in said section\n300.30.\n 2. The court may submit to the jury only those counts of an\ninformation remaining therein at the time of its charge which are\nsupported by legally sufficient trial evidence, and every count not so\nsupported should be dismissed by a trial order of dismissal. If the\ntrial evidence is not legally sufficient to establish a misdemeanor\ncharged in a particular count which the court would otherwise be\nrequired to submit pursuant to this section, but is legally sufficient\nto establish a lesser included offense, the court may submit such lesser\nincluded offense and, upon the people's request, must do so. In\nsubmitting a count charging a misdemeanor established by legally\nsufficient trial evidence, the court in its discretion may, in addition\nto submitting such misdemeanor, submit in the alternative any lesser\nincluded offense if there is a reasonable view of the evidence which\nwould support a finding that the defendant committed such lesser offense\nbut did not commit the misdemeanor charged.\n 3. If the information contains but one count, the court must submit\nsuch count.\n 4. If a multiple count information contains consecutive counts only,\nthe court must submit every count thereof.\n 5. In any case where the information may be more complex by reason of\nconcurrent counts or inconsistent counts or other factors indicated in\nsubdivisions three, four and five of section 300.40, relating to\nmultiple count indictments, the court, in its submission of such\ninformation to the jury, should, so far as practicable, be guided by the\nprovisions of the said subdivisions of said section 300.40.\n 6. Notwithstanding any other provision of this section, the court is\nnot required to submit to the jury any particular count of a multiple\ncount information if the people consent that it not be submitted.\n 7. Every count not submitted to the jury is deemed to have been\ndismissed by the court. Where the court, over objection of the people,\nrefuses to submit a count which is consecutive as to every count\nactually submitted, such count is deemed to have been dismissed by a\ntrial order of dismissal even though no such order was expressly made by\nthe court.\n